Three-Day Notice to Pay or Quit
A written notice to a tenant to pay all overdue rent within three days or vacate the premises. A mandatory prerequisite to filing an unlawful detainer action for nonpayment. See Cal. Code Civ. Proc. § 1161(2).
Also known as: pay or quit notice, 3-day notice, notice to pay rent or quit
Definition
A three-day notice to pay or quit is a mandatory written demand served on a residential tenant who has failed to pay rent, giving the tenant three days to pay the full amount owed or surrender possession of the premises.
Statutory Basis
Cal. Code Civ. Proc. § 1161(2) provides that a landlord may file for unlawful detainer when a tenant has "failed to pay rent" and "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring payment of rent or possession" has been served.
Required Contents
The notice must state:
- The total amount of rent due and the period covered
- The name and address to which payment must be tendered (or an acceptable payment method)
- The option to vacate if payment is not made within three days
Day Counting
California courts count three calendar days excluding Saturdays, Sundays, and judicial holidays. Service must be completed before counting begins. If the third day falls on a weekend or holiday, the deadline extends to the next court day.
Service Methods
Proper service includes: personal delivery; substituted service (to a person of suitable age at the premises, plus mailing); or posting and mailing (if neither personal nor substituted service is possible) — Cal. Code Civ. Proc. § 1162.
Limitations Under Local Law
In jurisdictions with just cause eviction ordinances, a landlord who accepts partial payment or waives the notice period cannot proceed on the same nonpayment ground. Some ordinances also require pre-notice mediation or extended cure periods.
Sources
- Cal. Code Civ. Proc. § 1161(2), California Leginfo —
ca-leginfo - Cal. Code Civ. Proc. § 1162, California Leginfo —
ca-leginfo
Frequently asked questions
Statutory Basis
Cal. Code Civ. Proc. § 1161(2) provides that a landlord may file for unlawful detainer when a tenant has "failed to pay rent" and "three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring payment of rent or possession" has been served.
Required Contents
The notice must state: The total amount of rent due and the period covered The name and address to which payment must be tendered (or an acceptable payment method) The option to vacate if payment is not made within three days
Day Counting
California courts count three calendar days excluding Saturdays, Sundays, and judicial holidays. Service must be completed before counting begins. If the third day falls on a weekend or holiday, the deadline extends to the next court day.
Service Methods
Proper service includes: personal delivery; substituted service (to a person of suitable age at the premises, plus mailing); or posting and mailing (if neither personal nor substituted service is possible) — Cal. Code Civ. Proc. § 1162.
Limitations Under Local Law
In jurisdictions with just cause eviction ordinances, a landlord who accepts partial payment or waives the notice period cannot proceed on the same nonpayment ground. Some ordinances also require pre-notice mediation or extended cure periods.
Sources
Cal. Code Civ. Proc. § 1161(2), California Leginfo — ca-leginfo Cal. Code Civ. Proc. § 1162, California Leginfo — ca-leginfo